Los Angeles daily herald., 1887-05-01

attorneys and witnesses. This was con,
sented to and Deputy Sheriff Cruz speed
lily cleared the courtroom, kindly over
looking the reporters.
THE PETITION.
| Mr.. Bishop then read the petition Q
Mrs Bender, who applied for the writ
as follows:
The petitioner, Mrs. jennie Bender
respectfully shows that Alma A. Ashe u
unlawfully imprisoned, detained, ETC.
by X. Porter Ashe and Sidney Ashe
| That said Porter Ashe is the father
the said minor, who is less than three
wears of age, and that the mother o
said child has left the said Ashe, be
cause of his cruelty and dissipated hab
its, and is about to bring proceeding
for divorce against said Porter Ashe, II
which she will pray for the custody o.
said minor child. On account oil ths
habits of said Ashe, he is not q tit and
proper person to have the care, custody
and control of said infant. That the
mother of said infant is living separate
and apart from said Ashe, and with hei
mother, Mrs. 4. B. Crocker, and that
said mother is absent from Los
Angeles, andEwill return on Sat
urday, April 30lh That during her
absence she left the said infant IN the
custody of petitioner, aud said Porter
Ashe aud his brother, by force, took
said infant from petitioner and threaten
70 remove il from the State unless pro-
hibited from doing so by this Court.
That said infant is delicate and In con-
slant need of nurse, and that said Ashe
has the child in his custody without any
nurse; wherefore petitioner prays that
Porter and Sidney Ashe be directed to
bring said minor before the Court, and
that Ia the meantime the infant be kept
within the jurisdiction OF the Court.
THE ANSWER.
An answer ON the part of Messrs.
Ashe was then made. as follows:
r. Porter Ashe and Sidney Ashe. for
return TO the writ. and order issued in
this cause, say: That the said Sidney
Ashe does not and has not detained the
said child from the custody of the petit
tioner, nor has he the said Alma Ashe
ia his custody or under his power or re.
straint.
R, Porter Ashe, for return, says:
First-That he has the said Alma A.
Ashe in his custody, and that his au.
thority for so having her in his custody
is that he is the father OF the said child,
Alma A. Ashe, and has never been de.
prived of the custody, care or edu cation
of said child by any lawful authority,
and that said child is not over years OF
age, and is the legitimate child Of said
Porter Ashe.
second-That said child is the child of
Amy c. Ashe, wife of Porter
Ashe. That, on the Oath of April,
the mother of the child left
said child a. Los Angeles in custody of
petitioner and Porter Ashe was absent
at the time. On returning April 29th
he found the child in the custody of said
who is an entire stranger in
blood to said child. He thersupon took
the child into his own custody. lie de-
MES that the mother of said child left
him on account of his cruelty or despotic
habits, or any fault ON his part. He has
no information that the mother Of the
child is about to bring suit for divorce,
and he doubts the same.
He denies that r. Porter Ashe is not
lit or proper person to have custody of
said child, and says that if the mother
of said child is living apart from the said
Porter Ashe she does not do so on ac-
count of any fault of said Porter Asbe.
He denies that he has threatened to
Jake the child out of the State. and de.
nies that the child is in delicate health |
and in constant need of nurse.
Wherefore he prays that an order be
made that he have custody of the child. |
r. +. Del Vale. j. B. De las Casas,
R. 4. Terry, Shaw and Damron. attor-
loys for r. Porter and Sidney Ashe.
MRS. ASHES APPLICATION.
The attorneys then read the following
rom Mrs. Ashe, asking to be substi-
uted as petitioner IN place of Mrs.
Bender:
IN re the habeas corpus of Alma A.
Ashe. now Amy c. Ashe, and,
to the traverse OF the petition
10 the answer to writ heretofore issued,
she states that she is the mother of said
,hild; that all of the facts alleged in the
petition upon which writ issued were
md still are true, except that she has
to the city of Los Angeles.
That she is now, and for more than six
months last past has been, living sepa-
rate and apart from her said husband,
md she now asks the court that she be
allowed to prosecute said writ in her |
,wn name, in like manner and with like
effect as if she were the original petit
TONER, and she asks that she be substi |
tuted a, petitioner in the room and |
stead of said Jennie Bender, and that
she, on the final determination of the
same, shall be awarded the custody Of
said infant.
[SignedJ AMY G. AsHE.
Sworn to before Deputy Clerk M. J.
Ashmore.
MRS. BENDER's REIMBURSEMENT.
Mrs. Bender then presented, through
her attorney, the following relinquish-
ment of her claims to the child in favor
Of Mrs. Ashe..
In the application of Jennie Bender,
in behalf of A. A. Ashe, minor, for
writ of habeJ corpus.
Now comes Jennie Bender and for her
traverse to the answer OF the respond
ents herein alleges, that the said child,
Alma A. Ashe. was by its mother left
at the house Of its grandmother, in this
city, in her care for few days only,
during the temporary absence of its
mother and grandmother. in San Fran
cisco; that said mother was absent from
Los Angeles only few days and has
now returned, and is now present in
court asking the husband for her said
child. That said petitioners application
was made in behalf of said mother and
not on her own behalf, and she asks that
her said mother, Amy c. Ashe, be slbsti.
tuted in her place as the petitioner here
in.
[Signed.l JENNIE BENDER.